Child Custody
New Jersey Child Custody
New Jersey child custody laws determine whether parents may seek joint custody, the rules for visitation, and the procedures for ordering custody. Two main aspects of custody in New Jersey are:
- Physical Custody: where the child will spend their time.
- Legal Custody: which parent(s) is/are responsible for decision-making on behalf of the child.
Determination of Child Custody in New Jersey: New Jersey laws give the courts consideration in drafting custody agreements as long as the ultimate determination must be in the best interests of the child. N.J.S.A. 9:2-4(c). If the parents are seeking joint custody, the court will examine their ability to agree, communicate, and cooperate regarding their child. Also, any history of domestic violence will figure prominently in any custody or visitation decision.
Types of Custody in New Jersey: There are four basic terms in New Jersey for custody. These are:
- Legal custody: refers to a parent’s authority to make major decisions affecting a child’s health, education, safety, and welfare.
- Physical custody: relates to where children are going to live after their parents separate or divorce.
- Joint custody: arises when the participation of both parents is applicable to one or more aspects of a custody agreement.
- Sole custody: limits participation in one or more aspects of a custody arrangement to only one of the parents.
Interference with Child Custody and Parenting Time
Interference with Custody and Parenting Time: A person, including a parent, guardian, or other lawful custodian, is guilty of interference with custody if he/she:
- Takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the child’s other parent of custody or parenting time.
- After being served with process or having actual knowledge of an action affecting marriage or custody but prior to the issuance of a temporary or final order determining custody and parenting time rights to a minor child, takes, detains, entices, or conceals the child within or outside the State for the purpose of depriving the child’s other parent of custody or parenting time, or to evade the jurisdiction of the courts of this State.
- After being served with process or having actual knowledge of an action affecting the protective services needs of a child pursuant to Title 9 of the Revised Statutes in an action affecting custody, but prior to the issuance of a temporary or final order determining custody rights of a minor child, takes, detains, entices, or conceals the child within or outside the State for the purpose of evading the jurisdiction of the courts of this State.
- After the issuance of a temporary or final order specifying custody, joint custody rights or parenting time, takes, detains, entices, or conceals a minor child from the other parent in violation of the custody or parenting time order. N.J.S.A. 2C 13-4(a).
Other Child Custody Issues: Some child custody cases may be more difficult and require specific treatment. Among the complex issues involving child custody are:
- Parental Alienation.
- Relocation to Another State.
- Kidnapping to another jurisdiction.
- Establishment of Kindship guardianship.
- Children with special needs.
It is important to develop a plan for child custody. The right plan will ensure that the process works for the parents in a matter that will be in the best interest of the children.